Judgment Search Results Home > Cases Phrase: the mizoram organic farming act 2004 Sorted by: old Court: jammu and kashmir Page 1 of about 38 results (0.086 seconds)

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... up, i hold as follows :--(1) the introduction of section 24-g in the representation of the people act by virtue of the impugned act is within the provisions of the constitution of india as well as the constitution of the state of jammu and kashmir and does not affect adversely the fundamental rights of the petitioners under article 19 (1)(a) and (c);(2) even if, for the sake of argument, it is assumed for a moment that the impugned act does, in one manner or the other, adversely affect the fundamental right of the freedom of speech of the petitioners, the restriction so imposed was reasonable restriction within the provisions of article 19(2) of the constitution and was ..... whether a writ of this nature would fall within the provisions of article 19 (1) (a) or/and (c) and if it does, whether the impugned act would be a valid piece of legislation protected under the provisions of article 19(2) as being a reasonable restriction; and as such the legislature was competent to enact the impugned act putting restrictions on the right of freedom of speech guaranteed under article 19(1)(a) of the constitution;(ii) as the impugned act apparently applied only to such of the members of the legislature who have been set up and elected on the ticket of a particular political party, was or ..... not enact that the other portions of the constitution should be void as against the provisions in part iii and it would be surprising if it did, seeing that all of them are parts of one organic whole. ..... mizoram .....

State of J and K and ors. Vs. Mohammad Shafi Bhat and ors.

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ48

..... if an order passed under article 311(2) proviso (c) is assailed before a court of law on the ground that the satisfaction of the president or the governor is not based on circumstances which have a bearing on the security of the state, the court can examine the circumstances on which the satisfaction of the president or the governor is based; and if it finds that the said circumstances have no bearing whatsoever on the security of the state, the court can hold that the satisfaction of the president or the governor which is required for passing such an order has been vitiated by wholly extraneous or irrelevant ..... 533 gad dated 25.6.1993 and, inter alia, directed the vigilance organization, conducting investigation in the criminal cases registered in connection with the scandal, to complete the investigation with three months. ..... he, in fact had been detained twice under the provisions of jammu and kashmir public safety act, 1978, though the orders of detention had been quashed by the court. ..... in connection with the murder, criminal case under sections 307, 302 and 120b of indian penal code read with sections 25, 27, 54 and 59 of the arms act was registered and the respondent was arrested in the said criminal case. ..... executive engineer), block kulgam, for various acts of omission and commission constituting misconduct in his capacity as assistant engineer (i/c asstt. .....

Surinder Paul Singh Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2004CriLJ2243,2004(2)JKJ12

..... hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or-secondly-if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or-thirdly- if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or-fourthly- if the person committing the act knows that it is so imminently dangerous that it must in all ..... there is a wide network of sensory nerve supply to the skin, pharynx, larynx, pleura, peritoneum covering the abdominal organs or extending to the sprermatic cord, uterine cervix, for the reflex action and pass through the lateral tracts of spinal cord, effect the local reflex connections over the spinal segments and then travel to the vagus nucleus in the brain. ..... ischemia is caused by obstruction of the blood vessels that supply an organ or area of the body. ..... the meaning of ischemia given in webster's pocket medical first aid dictionary is as follows:-'ischemia -- a deficiency of blood in an organ or part of the body. ..... sudden blow on the abdomen or scrotum, larynx or genital organs. .....

Conservator of Forest and ors. Vs. Gurbachan Singh

Court : Jammu and Kashmir

Reported in : AIR2004J& K115

..... ban on forest working laid down in terms of section 3 (supra) have no difficulty in coming to the conclusion that the leases and the contracts existing at the time of promulgation of forest working ordinance 1986 would be rendered non est and the rights flowing from such agreement, contract or authority in favour of a private person had extinguished and the same vested in the state.section 6 of the act seems to have taken care of the claims of those persons affected by the act by empowering the government to appoint an authority to determine such claims. ..... a forest authority under the forest act has been constituted by the government to look into such claims in terms of section 52(c) of the forest act, 1982.in our opinion, after promulgation of the act, the award passed by the arbitrator was contravening the act and was, therefore, invalid. ..... obviously the agreement between the parties and the award of the arbitrator are coming within the purview of this non obstante clause of section 3 of the act, it was not possible for the learned single bench to act upon the award and make it a rule of the court. ..... before the learned executing court, the petitioners raised the objection to the executability of the decree by submitting that the decree sought to be executed is a nullity for lack of inherent jurisdiction in the court passing it in view of the provisions contained in section 3 of the jammu and kashmir nationalization of forest working act, 1987. .....

Thomas Masih and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ197

..... shall be released in favour of all adhocees subject to verification of attendance for the period they have worked by the controlling officer;(viii) the adhocees whose appointment would now be on contract shall be paid a consolidated salary equal to the minimum of the scale attached to the pots held by them with effect from ist february, 2004;(ix) such of the adhocees whose particulars are not submitted to the general administration department, in the proforma forwarded to the departments vide general administration department's letter no.gad(adm) 260/2003 ..... (2) every appointment made under sub-rule (1) together with all the particulars relating to the persons so appointed, namely, the date of appointment, the duration of the vacancy and the period or periods, if any, for which the same person had previously held a post borne on the cadre of the same service, class or category, the nature of the emergency or inconvenience and the reasons for the appointment shall be reported without delay to the minister-in-charge, if the order is passed by a lower authority. ..... it was contended that once the terms of employment were settled and acted upon, they formed part of the service contract and could not be changed behind the back of the petitioners. .....

Sunil Kumar Gupta Vs. State of J and K, Through Director of Litigation ...

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ267

..... (ministerial) and even obtained clearance certificates from the vigilance organization and the general administration department being the administrative department of the vigilance organization; therefore, the petitioner placed all such communications, decisions, orders and reference on record of the court file through an application bearing no. ..... department on fabricated grounds and other mala fide considerations despite court orders in favour of the petitioner passed from time to time and that the general administration department was acting accordingly in the matter of his repatriation to milk federation, jammu, to which he did not belong at the time of his transfer in 1991 and also that the government milk supply scheme converted into government milk supply undertaking and since emerged into milk federation, a cooperative society, after ..... such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice.'30. ..... both the milk federations came to be registered with the registrar, j&k; co-operative societies under the j&k; cooperative societies act and the rules made thereunder.19. .....

D.S. Ahluwalia Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ503

..... the crpf, ar and cisf acts are not modeled on the army act.the ministry of home affairs is of the view that the demand of the bsf to bring the pay scales of the chief law officers and law officers grade-i at par with that of the coast guard and the nsg is justified and needs consideration specially in view of the fact that, the bsf is a much larger force than the nsg, itbp or the coast guards and the bsf act is modeled on the army act ..... chief law officer and law officer grade-i, similar pay scales and rank on the principle of equal pay for equal work and to place the case of bsf law officers before the empowered committee with a further direction to the empowered committee to consider and decide the case of bsf law officer for removal of disparity/anomaly in their pay ..... law officer gde-i in nsg, itbp & coast guard.chief law officers______________________________________________________________________________name of cpmfs existing scale scale proposed by demanded by the vth pc by the cpmfsnsg 5100-6150 16400-450-20000 -coast guard -do- -do- -itbp 4500-5700-200+ 14300-400-18300+ -special pay ..... the coast guard and nsg organizations had been provided the replacement pay scales and not upgraded pay scales w.e.f 1.1.96 based upon the ..... the law officers of bsf also have got the replacement pay scales corresponding to their pre-revised pay scale as the vth cpc relating to up gradation of posts of bsf law officers to bring them at par with the law officers in coast guard and nsg organizations .....

Dharmej Singh Vs. State

Court : Jammu and Kashmir

Reported in : 2004CriLJ4341,II(2005)DMC607,2005(2)JKJ140

..... not contain a certificate of the doctor cannot be rejected on that sole ground so long as the person recording the dying declaration was aware of the fact as the condition of the declarant to make such dying declaration; if the person recording such dying declaration is satisfied that the declarant is in as fit mental condition to make the dying declaration then such dying declaration will not be invalid solely on the ground that the same is not certified by the doctor as to the condition of the declarant to make the dying declaration.'15. ..... it may be pointed out at first flush that the entire prosecution case hinges on the dying declaration of the deceased, recorded by the investigating officer, in presence of the doctor, after securing opinion about the fitness of the deceased to make the statement, and further evidence of father, uncle and teachers of the school, where the deceased was working and the zonal education officer, bani, to whom she had narrated with regard to physical chastisement by her husband in pressing his demand ..... is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be ..... legislative measures, such as the dowry prohibition act, have not met with the success for which they were ..... that dying declaration does not bear the signature or thumb impression of the deceased, as such, it cannot be acted upon.21. .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ66

..... the petitioners, therefore, seek the result of draw of lots, held on 27-02-2004 by the excise department, to be quashed by a writ of certiorari and further declare the mode of grant of off-licences by draw of lots ultra vires of the excise act, rules framed thereunder and the excise policy; also directing the respondents by a writ of mandamus to treat all those persons, who had applied for the grant of licences prior to 22-07-2003, as a separate class and the decision be taken on merits for grant of off-licences area-wise and further ..... that respondent-2 had given a wide publicity prior to the holding of the draw of lots for grant of liquor licences and electronic draw of lots was organized on 27-02-2004 in full public view. ..... it is in this perspective that the department had to consider the matter regarding the procedure and the manner in which the selection of licensees for the additional imfl vends (existing country liquor vends) could be organized within this period. ..... the respondents filed a detailed counter and submitted that a dualistic system of regulation of sale of liquor in the state exists as on date and the sale of indian made foreign liquor organized through outlets, as were granted the privilege on payment of fixed licence fee; whereas the sale of country liquor was held either through auction of vends on an annual basis or through departmental vending in the alternative. .....

Nazir Ahmad Wani and Mushtaq Ahmad Khateeb Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ71

..... more so, examining the contention in the light of mandate of the preamble of the act the challenge appears irrelevant because the drugs and cosmetics act/rules aim at regulating import, manufacture, distribution of sale of drugs and cosmetics and not the services of employees of the drugs and food control organization which would be dealt with but a bit ..... it transpires that the post of deputy controller drugs has become vacant due to adjustment of the incumbent of the above said office as controller drugs food organization, consequently, the writ petitioner in swp 343/2004 namely shri nazir ahmad wani, assistant controller drugs, kashmir came to be assigned the charge of the post of deputy controller drugs kashmir in addition to his own duties vide government order ..... being no more res integra that administrative orders are required to be made in a manner and in consonance with the rules and the court is within its power to struck down the order if the appointment made to public office is violative of constitutional guarantees of the effected persons or same is dehors the rules as is true of the case on hand, obviously, swp 382/2004 succeeds and is allowed. ..... in view of nature of the allegations the minister concerned who happens to be respondent in the writ petition filed by shri mushtaq ahmad khateeb was directed to file his affidavit in terms of order dated 29.03.2004 which reads :'swp 382/2004 questions the assignment of charge mainly on the basis of ineligibility of one .....